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518 sections in this chapter.
W. Va. Code § 17-4-17B Relocation of public utility lines on highway construction projects
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(a) Whenever the division reasonably determines that any public utility line or facility located upon, across, or under any portion of a state highway needs to be removed, relocated, or adjusted in order to accommodate a highway project, the division shall give to the utility rea…
W. Va. Code § 17-4-17D Relocation of public utility lines and public service districts utility lines on state highway construction projects
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Whenever the Commissioner of Highways determines that any public utility line owned by a county or municipal governmental body located upon, across or under any portion of a state highway needs to be relocated in order to accommodate a highway project for which proportionate reim…
W. Va. Code § 17-4-17E Utility relocation on state highway construction projects financed by proceeds of bonds or notes issued before July 1, 2021
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Subject to the provisions of §17-4-17d of this code, and notwithstanding any other provisions to the contrary, whenever the Commissioner of Highways determines that any utility facility located upon, across, above, or under any portion of a state highway needs to be relocated in …
W. Va. Code § 17-4-18 Approved types of paving to be determined and advertised
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Before the state road commissioner shall advertise for any contract for the paving of any state road, he shall determine upon and approve plans and specifications for the construction of standard types of paving suitable for the project contemplated, and shall include in the adve…
W. Va. Code § 17-4-19 Contracts for construction, materials, etc.; work by prison labor, etc.; bidding procedure
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(a) All work of construction and reconstruction of state roads and bridges, and the furnishing of all materials and supplies therefor, and for the repair thereof shall be done and furnished pursuant to contract, except that the commissioner may not be required to award any contra…
W. Va. Code § 17-4A-2 Exceptions
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(a) Accommodation of all users of a transportation facility need not be considered in the planning, designing, construction, reconstruction, rehabilitation, maintenance, or operations of any state, county, or local transportation facilities receiving funds from the Division of Hi…
W. Va. Code § 17-4-2 Definitions of roads comprising state road system
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The following meanings shall be ascribed to roads comprising the state road system: (a) "Expressway." -- Serves major intrastate and interstate travel, including federal interstate routes. (b) "Trunkline." -- Serves major city to city travel. (c) "Feeder." -- Serves community to …
W. Va. Code § 17-4-20 Bidder’s bond required; return or forfeiture of bond
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(a) In any case where a contract for work and materials shall be let as a result of competitive bidding, the successful bidder shall, within 20 days after notice of award, execute a formal contract to be approved as to its form, terms, and conditions by the commissioner, and shal…
W. Va. Code § 17-4-21 Form and signing of deeds and contracts made by commissioner
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Every deed and contract made by the state road commissioner shall be made in the name of the state road commission and shall be signed by the commissioner, and every contract shall also be signed by the contractor.
W. Va. Code § 17-4-22 Combination in restraint of trade; persons limiting competition in bidding
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Contracts authorized by this chapter shall not be let to any person, association of persons, firm, company or corporation, connected, directly or indirectly, with any combination in the form of an unlawful trust in restraint of trade, or who has an understanding, directly or indi…
W. Va. Code § 17-4-23 Certificate showing constituents of materials; false certificates
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Any person, firm or corporation offering for sale or selling to the state any paints, metal or metal culverts, fence or fencing, or any other materials or supplies for use upon or in the construction of any road or bridge or part thereof, shall, if requested, furnish therewith a …
W. Va. Code § 17-4-24 Testing and approval of materials or supplies
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Materials or supplies shall be used in the construction, reconstruction, improvement, repair, or maintenance of state roads only when tested, standardized and approved in writing by the state road commissioner.
W. Va. Code § 17-4-24A Guardrail construction
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Beginning July 1, 1988, any guardrail placed or replaced in new or existing locations on the state road system must be constructed using wooden posts unless use of another material would reduce the costs of such construction or reconstruction: Provided, That when guardrails are d…
W. Va. Code § 17-4-25 Acquisition, establishment and operation of quarries, cement and other plants
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For the purpose of obtaining materials to be used in the construction and maintenance of state roads and highways, the state road commissioner is hereby authorized and empowered, on behalf of the state, to establish stone quarries, stone crushing plants, brick kilns, cement plant…
W. Va. Code § 17-4-26 Municipal streets and bridges and free bridges designated as connecting part of state road system -- Authorized
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The state road commissioner may, at any time, after due consultation with and notice to the governing body of the municipal corporation, locate and designate or relocate and redesignate, as a connecting part of the state road system, any bridge or street within a municipal corpor…
W. Va. Code § 17-4-27 Same -- Control of connecting parts of state road system within municipalities
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The state road commissioner shall exercise the same control over connecting parts of the state road system in municipalities, except the regulation of traffic, that he exercises over such system generally, but he shall assume no greater duty or obligation in the construction, rec…
W. Va. Code § 17-4-28 Same -- Notice and laying of necessary pipes, etc., before reconstruction within municipality
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Before the state road commissioner shall construct, reconstruct, improve or repair a section of the state road system within a municipality he shall, where the road is an "expressway" or "truckline," and he may, where said road is a "feeder" or "state local service" road, give th…
W. Va. Code § 17-4-29 Same -- Taking over streets not to affect franchise
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The taking over of streets as provided in section twenty-six shall not affect the rights owned or held by any person under any franchise now existing or hereafter granted.
W. Va. Code § 17-4A-3 Complete Streets Collaboration
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(a) The Division of Highways shall: (1) Provide and facilitate communication, education, and advice with counties, municipalities, interest groups, and the public; and (2) Make recommendations to the counties, and municipalities for restructuring procedures, updating design guida…
W. Va. Code § 17-4-3 Classification of roads in state road system; reclassification
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All roads in the state road system shall be classified by the state road commissioner. Classification shall be according to functional level of service, either as expressway, trunkline, feeder, or state local service. The designation of a road as expressway, trunkline, feeder, or…
W. Va. Code § 17-4-30 Same -- Taking over streets not to affect existing contracts
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The taking over of streets as a connecting part of the state road system shall not affect any existing contract for construction, reconstruction or improvement.
W. Va. Code § 17-4-31 Same -- Rules and regulations of commissioner to govern streets taken as connecting parts of state road system
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The state road commissioner may, by reasonable rules and regulations, govern the widths and grades of streets designated as connecting parts of the state road system. He may regulate the opening of pavement for the construction or repair of service lines or substructures, and may…
W. Va. Code § 17-4-33 Inspection, condemnation, etc., of unsafe bridges
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The commissioner shall inspect all bridges upon state roads. If any bridge is found to be unsafe, the commissioner shall promptly condemn, close and repair it.
W. Va. Code § 17-4-34 Contracts for interstate bridges; report to Governor
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When it is necessary and proper to connect a state road with a public highway of an adjoining state, the state road commissioner, with the approval of the Governor, is authorized to enter into a contract with the proper authorities of the adjoining state for the joint purchase, e…
W. Va. Code § 17-4-35 Diversion of nonnavigable stream
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The state road commissioner, incidental to the construction and maintenance of state roads, shall have the power and authority to change or divert any stream of water which is not navigable, in order to avoid or facilitate the crossing thereof, or to economize in the construction…
W. Va. Code § 17-4-36 Construction and removal of sidewalks along state roads; injury to, failure to repair, etc., sidewalks
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Whenever the safety or convenience of the traveling public demands it, the state road commissioner may construct and maintain sidewalks along state roads. Any person, at his own expense, may build, with the permission of the state road commissioner, a sidewalk along any state roa…
W. Va. Code § 17-4-37 State not to be made defendant in action for damages
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The state shall not be made the defendant in any proceeding to recover damages because of the defective construction or condition of any state road or bridge.
W. Va. Code § 17-4-38 Violations of article; penalty
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Except as otherwise provided, a person violating any of the provisions of this article or any of the rules or regulations of the state road commissioner shall be guilty of a misdemeanor and, upon conviction shall be fined not less than ten nor more than $100, or be imprisoned not…
W. Va. Code § 17-4-39 Controlled-access facilities -- Defined
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For the purpose of this chapter, a controlled-access facility is defined as a highway or portion of a highway especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or only a controlled right or eas…
W. Va. Code § 17-4-4 Interstate and international highway planning
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The commissioner shall consider and plan the state's part in any contemplated interstate or international system of roads and highways, and may attend meetings and conferences within and without the state for discussion and planning of programs relating thereto.
W. Va. Code § 17-4-40 Same -- Authority to establish, maintain, regulate, etc
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The state road commissioner is hereby authorized to plan, construct, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use as a part of the state road system wherever present or reasonably anticipated future traf…
W. Va. Code § 17-4-41 Same -- Design of controlled-access facilities
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The state road commissioner is authorized to so design any controlled-access facility and to so regulate, restrict or prohibit access as to best serve the traffic for which such facility is intended. In this connection the commissioner is authorized to divide and separate any con…
W. Va. Code § 17-4-42 Same -- Acquisition of property and property rights
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The state road commissioner may acquire private or public property rights or any interests in lands for controlled-access facilities and service roads, including existing and vested rights of access, air, view and light, by grant, gift, devise, purchase or condemnation in the sam…
W. Va. Code § 17-4-43 Same -- New and existing facilities; grade crossing eliminations; consent to connect
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The state road commissioner may designate and establish controlled-access highways as new and additional facilities, or he may designate and establish an existing street or highway as a controlled-access facility or as a part of a controlled-access facility, and in the event such…
W. Va. Code § 17-4-44 Same -- Authority to contract with other governmental agencies
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The state road commissioner is authorized to enter into agreements with municipalities, counties or other political subdivisions of the state, or with the federal government or any agency thereof, respecting the financing, planning, establishment, improvement, maintenance, use, r…
W. Va. Code § 17-4-45 Same -- Local service roads and streets
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In connection with the development of any controlled-access facility the state road commissioner is authorized to plan, designate, establish, use, regulate, alter, improve, maintain and vacate local service roads and streets or to designate as local service roads and streets any …
W. Va. Code § 17-4-46 Same -- Certain commercial enterprises prohibited; commercial enterprises on service roads; turnpikes excluded from provisions of section
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No automotive service station or other commercial establishment for serving motor vehicle users shall be constructed or located within the right-of-way of, or on publicly owned or publicly leased land acquired or used for or in connection with, a controlled-access facility. Emerg…
W. Va. Code § 17-4-47 Access from commercial, etc., property and subdivisions to highways -- Purposes of regulation; right of access; provisions inapplicable to controlled-access facilities; removal of unauthorized access; bond for access
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(a) Reciprocal access between state highways and real property used or to be used for commercial, industrial or mercantile purposes and reciprocal access between state highways and real property that is subdivided into lots is a matter of public concern and shall be regulated by …
W. Va. Code § 17-4-48 Same -- Regulations by commissioner
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The state road commissioner is hereby authorized to issue reasonable regulations specifying standards for the location, design and construction of access facilities to state highways and any other regulations necessary to carry out the policies stated in section forty-seven of th…
W. Va. Code § 17-4-49 Same -- Points of commercial, etc.; access to comply; plans, objections and procedures for new points; review of and changes in existing points; commissioner's preliminary determination; requiring notice
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(a) No new points of access to and from state highways from and to real property used or to be used for commercial, industrial or mercantile purposes may be opened, constructed or maintained without first complying with this section and sections forty-seven and forty-eight of thi…
W. Va. Code § 17-4-5 Right of eminent domain
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The state road commissioner, or the state road commission may acquire by right of eminent domain any land or water, or any interest therein or any rights, ways, or easements thereon or thereover, for the purpose of constructing, widening, straightening, grading, or altering any s…
W. Va. Code § 17-4-50 Same -- Commissioner's authority as to subdivisions abutting state highway; notice of proposal to subdivide; filing, approval or disapproval of subdivision plans
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(A) In addition to other authority granted the commissioner to control access to state highways, the commissioner shall have authority in regard to the subdividing of land, any part of which abuts upon a state highway, as provided in this section. (B) For purposes of this section…
W. Va. Code § 17-4-51 Same -- Amendment or withdrawal of objections or preliminary determinations by commissioner; delegation of authority by commissioner
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(a) The state road commissioner may revise, amend or withdraw any objections issued by him and any preliminary determinations made by him under sections forty-seven, forty- eight, forty-nine or fifty of this article upon reasonable notice to the owner or owners of the property af…
W. Va. Code § 17-4-52 Same -- Requirements for objections, preliminary determinations and notices
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(a) All objections and preliminary determinations made pursuant to sections forty-seven, forty-eight, forty-nine and fifty of this article, and all notices required to be given pursuant to sections forty-seven, forty-eight, forty-nine, fifty and fifty-one of this article, shall b…
W. Va. Code § 17-4-53 Same -- Appeals from and judicial review of determinations and final orders of commissioner
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(a) Any objection or preliminary determination issued by the state road commissioner under sections forty-seven, forty- eight, forty-nine or fifty of this article shall be subject to judicial review by the circuit court of the county in which the real property affected is located…
W. Va. Code § 17-4-54 Location of trash and garbage collection containers by counties and municipalities
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(a) The commissioner of the department of highways is authorized to issue permits to counties and municipalities for the location of containers on rights-of-way of state maintained roads and highways for the collection of trash and garbage: Provided, That by the issuance of these…
W. Va. Code § 17-4-55 Rest area, welcome center, road, and vehicle commercial sponsorship program
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(a) The Division of Highways shall undertake a study of the feasibility of implementing a program to facilitate commercial sponsorship of rest areas, welcome centers, roads, and vehicles owned or leased by the Division of Highways to help offset the costs of the operation and mai…
W. Va. Code § 17-4-6 Cost of acquiring rights-of-way
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The cost of acquiring all rights-of-way for road purposes shall be paid out of the state road fund.
W. Va. Code § 17-4-7 Information to be filed with clerk of county court
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The state road commissioner shall promptly file with the clerk of the county court of each county, all changes in titles to rights-of-way, maps, plats, surveys and all discontinuances of state roads within the county.
W. Va. Code § 17-4-8 Use of roadbed by railroad, telephone company, etc
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No railroad or electric or other railway shall be constructed upon the roadbed of any state road, except to cross the same, nor shall any person, firm or corporation enter upon or construct any works in or upon such road, or lay or maintain thereon or thereunder any drainage, sew…
